[Federal Register Volume 64, Number 36 (Wednesday, February 24, 1999)]
[Notices]
[Page 9152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4439]



[[Page 9152]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPP-181066; FRL 6063-1]


Diclosulam; Receipt of Application for Emergency Exemption, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has received a specific exemption request from the Texas 
Department of Agriculture hereafter referred to as the ``Applicant'' to 
use the new chemical diclosulam (Strongarm Agriculture Herbicide, EPA 
File Symbol 62719-EII) to treat up to 184,000 acres of peanuts, to 
control broadleaf weeds. The Applicant proposes the use of a new 
chemical which has not been registered by the EPA. Therefore, in 
accordance with 40 CFR 166.24, EPA is soliciting public comment before 
making the decision whether or not to grant the exemption.

DATES: Comments must be received on or before March 11, 1999.
ADDRESSES: Three copies of written comments, bearing the identification 
notation (OPP-181066) should be submitted by mail to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. In person, 
bring comments to: Rm. 119, Crystal Mall #2, 1921 Jefferson Davis 
Highway, Arlington, VA.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Follow the 
instructions under SUPPLEMENTARY INFORMATION. No Confidential Business 
Information (CBI) should be submitted through e-mail.
    Information submitted in any comment concerning this notice may be 
claimed confidential by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. A copy of the comment that 
does not contain CBI must be provided by the submitter for inclusion in 
the public record. Information not marked confidential may be disclosed 
publicly by EPA without prior notice. The docket is available for 
public inspection at the Virginia address given above, from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Barbara Madden, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location, telephone number and e-mail address: Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA, (703-305-6463); e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Pursuant to section 18 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p), 
the Administrator may, at her discretion, exempt a federal or state 
agency from any provision of FIFRA if she determines that emergency 
conditions exist which require such exemption. The Applicant has 
requested the Administrator to issue a specific exemption for the use 
of diclosulam on peanut to control broadleaf weeds. Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    As part of this request, the Applicant asserts that diclosulam is 
the only herbicide available that can be applied preplant incorporated 
and provide excellent control of purple nutsedge, eclipta, and golden 
crownbeard. Also it is the only herbicide available for the control of 
purple nutsedge that allows for cotton to be planted the following 
year. According to the Applicant once nutsedge is established in a 
field the production and profitably of that field declines year by 
year. Diclosulam herbicide has the potential to turn that process 
around and thus allow the grower to reclaim unproductive fields that 
have been unusable for years. In addition the use of diclosulam will 
help to eliminate the two or more year continuous peanut cropping 
scheme. This is an economic problem in that it degrades the 
productivity of the land through unsound agronomic practice. These 
effects include proliferation of difficult to control weeds, increased 
disease potential and nematode problems. All of this can result in 
economic loss.
    The applicant proposes to make no more than one application of 
granular or water soluble packets of diclosulam on peanuts at the rate 
of 0.38 ounces of active ingredient (a.i.) per acre. The total maximum 
proposed use during the 1999 growing season (March 15, 1999 until July 
15, 1999) would be 0.38 ounces of a. i. per acre. The applicant 
proposes that the maximum acreage which could be treated under the 
requested exemption would be 184,000 acres. If all the proposed acres 
were treated at the maximum proposed rate, then 4,370 lbs., a.i. would 
be used in Texas.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 require 
publication of a notice of receipt of an application for a specific 
exemption proposing use of a new chemical (i.e., an active ingredient) 
which has not been registered by the EPA. Such notice provides for 
opportunity for public comment on the application.
    The official record for this notice, as well as the public version, 
has been established under docket number (OPP-181066) (including 
comments and data submitted electronically as described below). A 
public version of this record, including printed, paper versions of 
electronic comments, which does not include any information claimed as 
CBI is available for inspection from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The official notice record is 
located at the address in ``ADDRESSES'' at the beginning of this 
document.
    Electronic comments can be sent directly to EPA at: opp-
[email protected]
    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Comments and data 
will also be accepted on disks in WordPerfect in 5.1/6.1 or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number (OPP-181066). Electronic comments on this notice may 
be filed online at many Federal Depository Libraries.
    The Agency, will review and consider all comments received during 
the comment period in determining whether to issue the emergency 
exemption requested by the Texas Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests, Emergency 
exemptions.

    Dated: February 16, 1999

James Jones,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 99-4439 Filed 2-23-99; 8:45 am]
BILLING CODE 6560-50-F